[24] The trial judge observed that, in the jurisprudence leading to a recognition of the intermediate category of dependent contractors, a finding that the worker was economically dependent on the company due to complete exclusivity or a high level of exclusivity weighed heavily in favour of the conclusion that the worker was a dependent contractor.

[25] In my view, this observation is not only correct, it is vital to understanding how the question of exclusivity is to be approached. Exclusivity cannot be determined on a “snapshot” approach because it is integrally tied to the question of economic dependency. Therefore, a determination of exclusivity must involve, as was done in the present case, a consideration of the full history of the relationship. It is for the trial judge to determine whether, after examining that history, the worker was economically dependent on the company, due to exclusivity or a high level of exclusivity.

2. Royal Trust Corporation of Canada v The University of Western Ontario et al., 2016 ONSC 1143

[14] I have no hesitation in declaring the qualifications relating to race, marital status, and sexual orientation and, in the case of female candidates[6], philosophical ideology, in paragraph 3(d)(ii)(E) of the Will void as being contrary to public policy. Although it is not expressly stated by Dr. Priebe that he subscribed to white supremacist, homophobic and misogynistic views as was the case in the indenture under consideration in Canada Trust Co., the stated qualifications in paragraph 3(d)(ii)(E) leave no doubt as to Dr. Priebe’s views and his intention to discriminate on these grounds.

[52] On this evidentiary record, it is clear Tigercat terminated Mr. Merritt due to the criminal charges even though no information was known regarding the allegations. Other matters raised are simply at attempt to justify their decision. Tigercat has failed to demonstrate just cause. At best, it hopes to have evidence at trial. But, they have had a year since termination to gather that evidence. As Henry J. said in Pizza Pizza “the time is now” to present their case.